ACLU lawyer says KCC public affairs employee may have opened state to legal liability

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Kansas Corporation Commission employee Jared Bowes attempted to put a veiled reference to Jesus into the December issue of the agency's newsletter, but it was edited out.

So Bowes used his state-issued email address to send a message to all of his KCC colleagues leaving no doubt about his intent.

"Let me be forthright in saying that my sole intent was to extol King Jesus as the 'reason for the season,' " Bowes wrote.

Bowes' email, sent New Year's Eve and obtained through an open records request, may have opened the KCC and the state to legal liability, according to Doug Bonney, legal director for the ACLU Foundation of Kansas.

“Certainly individual employees of the government have the free exercise right to have their own beliefs, adhere to them and do things like have a Bible on their desk or a cross or a Star of David or wear a yarmulke, or whatever you want," Bonney said. "But when you circulate this kind of a statement, it’s basically pushing your religion in an official way by using the state email system, and that's the problem.”

Bonney expressed surprise at the extent to which Bowes proselytized to his professional colleagues.

"I had every intention to be thought-provoking by alluding to Jesus in my original submission," Bowes wrote. "Why? Because that's what Christmas is all about. Christ. The Risen Savior. Born into this world to lay down his life as a ransom for man's sin."

Vickie Standell Stangl, president of the Great Plains Chapter of Americans United for Separation of Church and State, said her organization found Bowes' missive inappropriate.

Stangl said Bowes was "wrong from the start" to have tried to insert an allusion to Jesus in the agency newsletter, but "further compounded the problem with his long memo stating he wanted to stand up and talk about the real meaning of Christmas to state employees."

"Jared Bowes works in a position representing ALL the people of Kansas," Stangl wrote in an emailed statement. "While he has every right to believe in Christ, and celebrate Christmas according to his beliefs, he does not have the right to use his taxpayer funded office, which includes people of all faiths as well as non-religious individuals, to lecture them about the Savior and the true meaning of Christmas on state time, with state property."

Jesse Borjon, a spokesman for the KCC, called the email "a personnel matter" and said the agency wouldn’t be commenting on it or on the potential legal liability for the state.

Bowes didn’t respond to an email sent Thursday.

Bowes, a media specialist in the KCC's public affairs and consumer protection division, is a Topeka native. He was a member of a local band called The Billions and also pursued a music career in Chicago before returning to Topeka and joining the KCC.

Bowes wrote in his email that he had "no intention to stir up any controversy" and that he held no ill will toward the superiors who edited the original version of his newsletter message.

"I completely understand," Bowes said. "The world we live in squirms and cringes at even the subtlest hints of Christ (even at Christmas)."

But Bonney said his organization has received complaints about an overly Christian-centric atmosphere in state government, though none of the complainants has been willing to go public yet.

Bonney said the ACLU will defend Bowes' individual religious rights "until the end of time," but Bowes crossed a line established by the Constitution's First Amendment when he used state resources to push an overtly sectarian message.

“People might, for example, say, 'I’m a Jew; I’m not really welcome here,' " Bonney said. "That’s the danger and that's the purpose of the (Constitution's) establishment clause. It’s to keep religion out of government because there is no official government religion in the United States. There cannot be. We’re a pluralistic society, and people have all kinds of religious beliefs.”

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This dude should realize that axial tilt is the reason for the season and if he truly wants to be faithful, should remember to keep Sol in Winter Solstice. Before moving to Kansas and seeing the folks from Westboro Baptist Church, I was unaware that people who actually believe that there really was a Jesus exist! And to teach it to children, then ask those children to go to college with such a faulty academic background is just cruel. Jesus and Santa have one thing in common: they are both imaginary.

While I don't see any reason for a law suit and really nothing more then to call JB into an office and tell him to use some common sense, has it occurred to you that maybe not everybody in the office wanted hear from him on this topic? Maybe they get enough from church. Maybe, everybody gasp all at once now, they don't go to church and have no desire to have a conversation about religion at work. Would you be as blase about this if his email had said that he wanted to extoll the greatness of Satin instead of the virtues of Jesus? I would guess you and many others would be screaming blooding murder about that because, MAYBE ALL THE WORKERS IN THE OFFICE DIDN'T WANT TO READ ABOUT HIS BELIEFS in the devil! In our great lust for something to call news these are things that shouldn't even be aired, but unfortunately this is how things are today. But if he wants to talk about his beliefs I am sure he wouldn't have to search very hard for a forum in which he can have an active, serious and fun discussion without dragging his co-workers into something they could care less about. If both sides of the issue would give a little consideration to their neighbors - like Jesus probably would - there wouldn't be as much complaining about who is forcing what onto who. I would guess that most of us are really tired of hearing about this type of issue from both sides!

dare mention Him anywhere and the vitriol is as bad as if one has a great big tattoo saying "tea party" on their forehead...and all I did was make an observation..how very sad. and I ain't even opposed to that baphomet statue being placed next to the 10 commandments in Oklahoma..do a search if you've not seen that story.

I think people are being way too whiney about this, really on both sides, but that will just make you all madder. Why is it OK for him to proselytize when others may not want to hear it? How is that anti-Jesus? Shouldn't he be WORKING while he is on his state owned computer? Maybe his co-workers are actually trying to work for their tax-payer paid salaries and he was keeping them from that. Many of you are pretty critical about the lack of work ethic from State workers and he seems to have at least a little bit of idle time on his hands. Am I being anti-Jesus for saying that? It seems to me that Christ had way thicker skin then most of his modern followers show! As far as I'm concerned he can beat his Good Book all he wants, or do whatever else. It becomes inappropriate when he pushes it on others. Let me ask you this Son and Cats and Adastra, have you always let the Jehovah Witnesses come into your home or office and proselytize whenever they knocked on your door? Unless you are a member I think we all know the answer to that question. To any JWs out there please don't be offended, just using this as an example of some possible hypocrisy.

over a December newsletter with an edited-out statement...my newsletter comes monthly with my city gas bill and the December version mentioned Him in the same context...guess that's the blessing of small rural communities...we love our traditions and nobody gets all bent about it. good grief!

to everyone that works for the State. Or maybe, at least the ones who don't believe in Jesus, just work Christmas day like a normal working day, without holiday pay. Personally, I don't need all of the "extra stuff" now associated with the Christmas holiday anyway.

After all, isn't paying for Christmas holiday pay using taxpayer funds, which includes people of all faiths as well as non-religious individuals, to pay to honor a "Christian" holiday? How is that fair to the non-christians? Getting time off and pay for something they do not even believe in? I would think that they would have all complained about this long ago? Why haven't they?

As a recipient of the email from Jared Bowes, I am disappointed that the Topeka Capital Journal has elected to spin his communication as an attempt to proselytize, and intentionally delete the author’s original intent and rationale in writing the follow-up email to the KCC’s December newsletter. Bowes’ email was distributed to all employees to clarify that the Pipeline newsletter they received (signed Jared Bowes) was NOT his handiwork, but was edited. That is the main ethical issue here, one of falsification of signature…having one’s named hijacked and signed.

Why didn’t TCJ elect to write about that? Well, it just isn’t quite as sensational is it? And, if you are really honest, it’s been open season on the KCC for quite some time now.

So what exactly was the “sacred” text that KCC superiors edited from Bowes’ editorial in the newsletter? It was as follows:

“To me, it’s more than a holiday. It’s more than lights and a tree. It’s more than stressing about what to get your kids and preparing that perfect feast. Though each year I'm the king of falling victim to those things, in my heart another King whispers, "It's not about stuff. It's about me."

Hardly a tract on salvation, but yeah, we all understand why the KCC superiors might want to edit a line there.

What did the KCC insert instead?

“May you, my Commission Family, experience the same joy I’ll have in my heart throughout the upcoming week. To me, it’s more than a holiday. It’s more than lights and a tree. It’s more than stressing about what to get your kids and preparing that perfect feast. Be sure to spend time with family and do the things that make you most happy.”

Bowes believed the edited insert really trivialized what he had written. No problem if you remove his name and not set him up as the author. Which is EXACTLY WHY (as TCJ well knows) Bowes provided clarification in the aftermath of the newsletter.

So let me do the heavy lifting for you, and print here the thrust of Bowes’ message you chose to ignore:

“….I'm not typically one to deal with grievances so publicly. The only person I intend to expose or throw under the bus here is myself. The only reason I'm addressing this agency-wide is because the note was distributed agency-wide, and I feel it portrays my views on something I hold sacred rather trivially, or at best, inaccurately. Had I known my note would have been altered, I simply would have abstained from submitting one. I would have rather had no letter published at all then to publish one where (in my opinion) I come off somewhat flippant regarding Christmas. Further, I'd like to make clear that I harbor no ill feelings toward the powers that be that edited my note. Rest assured, I get it. I completely understand. The world we live in squirms and cringes at even the subtlest hints of Christ (even at Christmas)….No intention to stir up any controversy here. Trust me, I'm normally one to refrain. But if my signature is going to sit directly beneath a message, my desire is that it stand for something I believe.”

TCJ prints retractions almost daily when they do not get the facts right. Yet you find it so newsworthy when someone else desires to “set the record straight”.

What was that again that Bowes wrote? “…Had I known my note would have been altered, I simply would have abstained from submitting one. I would have rather had no letter published at all then to publish one where (in my opinion) I come off somewhat flippant…”.

This incident NEVER would have happened had someone at the KCC had the professional courtesy to check back with the original author and inform him things were being changed.

Finally, I’m a bit surprised that KCC quote in your article refers to this incident as a “personnel matter”. Personnel matters are a exclusion to the Kansas Open Records Act, so why is Bowes’ email now in the public arena?

Hmmm….a lot of chatter in your article about rights being violated…oh you did leave out Mr. Bowes’ in that list didn’t you?

I’ll leave you now with one more line from Bowes’ letter as follows:

“Regrettably, I simply cannot pretend that modified message was my own. Such would be disingenuous to all of you, moreover to my convictions. Someone recently solicited me for advice, to which after listening I replied, "I think you know what to do. Just do the right thing." And I'd be the king of hypocrites if I couldn't deliver on that too.”

No Jared Bowes, you get a pass for setting the record straight and just asking to reclaim your signature….TCJ are already the Kings, the Avatars of Hypocrisy.

@ Adastra; having to worry about getting fired or otherwise ostracized or harassed on the job if one does not pretend to be christian is very stressful, and it is abusive and unlawful to put another through that in the workplace in a government job, here is America. That's how people were hurt by this christian clown who thinks jesus actually existed.

We have supposed CHRISTMAS to be the chief of the Christian holidays. Without asking questions, we have blindly assumed its observance must be one of the principal teachings and commands of the New Testament. We have supposed Jesus was born December 25th, and that the New Testament set this day aside as the chief Christian festival. We have supposed we exchange gifts because the wise men presented gifts to the Christ-child.

But, let's quit supposing, and look into history and the Bible for the FACTS!

The word "Christmas" means "Mass of Christ" or, as it later became shortened, "Christ-Mass." It came to us as a Roman Catholic mass. And where did they get it? From the HEATHEN celebration of December 25th, as the birthday of Sol the SUN GOD! It is, actually, an ancient rite of BAALISM, which the Bible condemns as the most abominable of all idolatrous worship!

It is not so much as MENTIONED anywhere in the New Testament. It was never observed by Paul, the apostles, the early true Christian Church!

The idea that Jesus was born December 25th, is one of the FABLES the Apostle Paul prophesied (II Tim. 4:4) would deceive the world in these latter days.

The plain truth is, Christmas is NOT Christ's birthday at all! And this festival, important as it seems to so many, is not of Christian, but of pagan — Babylonish — origin! But does that make any difference? Isn't it all right to go ahead and observe it anyway? Isn't the "Christmas SPIRIT" a good and splendid thing, regardless of how it got started? WE SHALL SEE!

what Lovelife included above, I don't think Mr. Bowes would have objected to the edited version had he been contacted and given an explanation. He then could have said he didn't want his name used with the edited version. I have no problem with KCC editing what was written, but I think Mr. Bowes should have been given the opportunity to say he didn't want his name with it or to say he didn't want it included in the newsletter in the edited form. This should have been handled better.

Based on what lovelife said - since that poster seems to have the actual text of the newsletter story and the email that was sent out - I think Andy Marso (the newspaper reporter) is the one who needed to be edited.

Check ALL the facts, THEN write the story. What CJ has published is a poorly researched article trying to stir up controversy where none actually exists. The real story here is one of a state newsletter editor who didn't inform an article writer of an edit that changed the meaning of his article, and an explanation sent via email to other agency employees.

American Heritage Dictionary definition of fascism: "...a system of government that exercises a dictatorship of the extreme right, typically through the merging of state and business leadership, together with belligerent nationalism."

of the pagan roots of Christmas. The past is a bit murky, but my understanding of church history is that the pagan Roman Empire first persecuted Christians until Emperor Constantine -- who was originally pagan -- attempted to syncretize (Pax Romana) paganism and Christianity. Augustine also had Hellenistic myth in his thinking and often used those ideas while incorporating his version of the teachings of Christ. For that matter, Jesus used the word "hades" often because he was preaching to the Hellenized Jews who would understand that reference when speaking of the afterlife. Jews believed in "sheol" and understood the Greek meaning as "hades."

Anyway, yes, Jesus was most likely born in about October. However, Christmas has long been America's merchant flashpoint, you might say -- entirely commercialized and vital to retail commerce. Also, in early Winter, what else do people have to do but have a giving holiday? Suddenly the dreary becomes colorful (if the electric bills aren't too high).

So Christmas has a lot of fiction in it. But Jesus is not fiction. All historical pointers attest to the credibility of both his existence and his crucifixion. Those are as close to factual as you can get, historically. Some atheists perpetrate the myth that he didn't exist based, usually, on what you might call a branch of atheism called "mythicism." But it's historically incorrect to assume he did not exist.

Governor that routinely holds impromptu prayer sessions in the capital cafeteria. Holding up the lines and forcing all to listen to it. Why would that guy think adding his religious beliefs to a newsletter would be an issue????